Appellant / Complainant
Sunil Kumar Pandey
Respondent
JSS Buildcon Pvt. Ltd.
jss buildcon pvt. ltd.
₹52,60,000
Appellant
Legal Issues & Claims Raised
Case Procedural History & Progression Tree
Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.
Complaint Filing & Dispute Registration
Complaint registered under Case ID 0901126016302020 by Sunil Kumar Pandey against JSS Buildcon Pvt. Ltd. before up_rera.
Hearing
The Appellate Tribunal set aside the RERA Authority's order and directed the respondent promoter to refund the appellant's deposit of Rs 52,60,000/- with interest at MCLR+1%, ruling that the promoter's subsequent complaint seeking possession was a misuse of process and violated the principle of res judicata.
Hearing
The Tribunal has adjourned the matter to 26.11.2024 for orders at the request of the respondent's counsel.
Hearing
The Tribunal granted a request for time by the respondent's counsel to prepare their brief and adjourned the appeal to 03.10.2024.
Hearing
Upon the joint request of the counsel for both parties, the matter has been adjourned and listed for hearing on 10.09.2024.
Hearing
The Tribunal has adjourned the appeal to 07.08.2024 for orders or hearing following a joint request from the counsel for both parties.
Hearing
The Tribunal adjourned the matter to 16.05.2024 for hearing because the counsel for the respondent was unavailable due to being held up at the High Court.
Hearing
The Tribunal rejected the respondent's application to recall the ex parte order dated 22.02.2022, finding their claim of ignorance regarding proceedings to be misleading and contrary to the record, but permitted the respondent to address the Tribunal on available documents and legal issues.
Hearing
The Tribunal granted a request for adjournment made by the respondent's counsel, rescheduling the matter to be heard on 12.03.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and rescheduled the appeal for hearing on 11.03.2024.
Hearing
The Tribunal has scheduled the appeal for orders or hearing on November 3, 2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to ill health and rescheduled the hearing for 21.09.2023.
Hearing
The Tribunal noted the respondent's counsel is on leave and scheduled the appeal for hearing/orders on 04.08.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his unavailability at the High Court and rescheduled the matter for hearing on 06.07.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and directed the appellant to file objections to the respondent's application for recall of the ex-parte order dated 22.02.2022.
Hearing
The Tribunal suspended the ex-parte proceedings against the respondent following the filing of a Vakalatnama, allowing their counsel to assist the court based on existing records, and adjourned the matter to 31.03.2023.
For Order
The Tribunal granted an adjournment requested by the Respondent's counsel due to personal illness and scheduled the appeal for a hearing on 15.03.2023.
For Order
The Tribunal adjourned the matter and scheduled the appeal for a further hearing on January 11, 2023, due to lack of time.
For Order
The Tribunal granted the respondent 15 days to file a recall application to set aside an ex-parte order and scheduled the matter for 14.10.2022.
For Order
The Tribunal granted the appellant time to file an order from the DRT and any supporting documents, adjourning the matter to 12.09.2022.
Hearing
The Tribunal noted the absence of the respondent and adjourned the matter to 05.08.2022 for hearing, noting that the case had previously proceeded ex-parte against the respondent.
Hearing
The Tribunal noted that the delay condonation application was disposed of and the appeal proceeded ex-parte against the respondent; the appellant is directed to file written arguments and supporting judgments within 20 days.
Delay condonation
The Tribunal condoned a 21-day delay in filing the appeal subject to a cost of Rs. 500/-, converted the matter into a regular appeal, and directed the issuance of notice to the respondent.
Delay condonation
The Tribunal granted a one-week adjournment due to the counsel's illness and directed the applicant to file a better affidavit for condonation of delay by 05.04.2022.
Delay condonation
The Tribunal granted the appellant's counsel one week to file a better affidavit for condonation of delay and directed the case be listed on 14.03.2022.
Further Order
The Tribunal decided to proceed ex-parte against the respondent due to their absence and scheduled the case for 02.03.2022 to consider the application for condonation of delay.
Notice
The Tribunal adjourned the matter to 12.01.2022 because no parties appeared in court despite notice being served via newspaper publication.
Notice
The Tribunal directed the appellant's counsel to file a copy of the newspaper publication dated 03.11.2021 as proof of service and scheduled the matter for further orders on 16.12.2021.
Further Order
The Tribunal granted the appellant permission to publish a notice in specific newspapers (Dainik Jagran, Amar Ujala, and Dainik Bhaskar) within 15 days and scheduled the next hearing for 23.11.2021.
Tribunal Order #0901126016302020-26-11-2024
The Appellate Tribunal set aside the RERA Authority's order and directed the respondent promoter to refund the appellant's deposit of Rs 52,60,000/- with interest at MCLR+1%, ruling that the promoter's subsequent complaint seeking possession was a misuse of process and violated the principle of res judicata.
Tribunal Order #0901126016302020-12-03-2024
The Tribunal rejected the respondent's application to recall the ex parte order dated 22.02.2022, finding their claim of ignorance regarding proceedings to be misleading and contrary to the record, but permitted the respondent to address the Tribunal on available documents and legal issues.
Tribunal Order #0901126016302020-05-04-2022
The Tribunal condoned a 21-day delay in filing the appeal subject to a cost of Rs. 500/-, converted the matter into a regular appeal, and directed the issuance of notice to the respondent.
Tribunal Order #0901126016302020-02-05-2022
The Tribunal noted that the delay condonation application was disposed of and the appeal proceeded ex-parte against the respondent; the appellant is directed to file written arguments and supporting judgments within 20 days.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the RERA Authority's order and directed the respondent promoter to refund the appellant's deposit of Rs 52,60,000/- with interest at MCLR+1%, ruling that the promoter's subsequent complaint seeking possession was a misuse of process and violated the principle of res judicata. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the RERA Authority's order and directed the respondent promoter to refund the appellant's deposit of Rs 52,60,000/- with interest at MCLR+1%, ruling that the promoter's subsequent complaint seeking possession was a misuse of process and violated the principle of res judicata.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of deposit till date of payment to the allottee
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Anurag Singh
- Harit Mishra
Official RERA Tribunal Orders (4)
The Appellate Tribunal set aside the RERA Authority's order and directed the respondent promoter to refund the appellant's deposit of Rs 52,60,000/- with interest at MCLR+1%, ruling that the promoter's subsequent complaint seeking possession was a misuse of process and violated the principle of res judicata.
The Tribunal rejected the respondent's application to recall the ex parte order dated 22.02.2022, finding their claim of ignorance regarding proceedings to be misleading and contrary to the record, but permitted the respondent to address the Tribunal on available documents and legal issues.
The Tribunal condoned a 21-day delay in filing the appeal subject to a cost of Rs. 500/-, converted the matter into a regular appeal, and directed the issuance of notice to the respondent.
The Tribunal noted that the delay condonation application was disposed of and the appeal proceeded ex-parte against the respondent; the appellant is directed to file written arguments and supporting judgments within 20 days.
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